§ 25.5-1-122 — County appropriation increases - limitations

(1) Beginning in
calendar fiscal year 1994 and for each calendar fiscal year thereafter to and
including calendar fiscal year 1997, the board of county commissioners in each
county of this state shall annually appropriate funds for the county share of the
administrative costs of medical assistance in the county in an amount equal to the
actual county share for the previous fiscal year adjusted by an amount equal to the
actual county share for the previous fiscal year multiplied by the percentage of
change in property tax revenue.

(2) For the purposes of this section:

(a) County share means the actual amount of the county share for the
previous fiscal year. County share shall not include:

(I) The amount expended by the county from the county contingency fund or
the county tax base relief fund pursuant to section 26-1-126, C.R.S.;

(II) The amount expended by the county for general assistance pursuant to
part 1 of article 17 of title 30, C.R.S.; and

(III) The amount expended by the county for programs or services provided
by the county on its own, without requirements or funding from any other
governmental agency.

(b) Percentage of change in property tax revenue means the difference
between the total property tax levied for the previous fiscal year less the amount
levied for debt service for the previous fiscal year and the total property tax levied
for the year for which the percentage of change in tax revenue is being calculated
less the amount levied for debt service for the year in which the percentage of
change in tax revenue is being calculated divided by the total property tax levied
for the previous fiscal year less the amount levied for debt service for the previous
fiscal year.

(3) Notwithstanding the provisions of section 25.5-1-121, a county in the state
shall not be required to contribute more than the amount set forth in subsection (1)
of this section in any fiscal year. Nothing in this section shall be construed to limit
the ability of a county to establish programs or services provided by the county on
its own, without requirements or funding from any other governmental agency.

(4) (Deleted by amendment, L. 2008, p. 1812, � 3, effective June 2, 2008.)

(5) Any amounts remaining in the county social services fund created in
section 26-1-123, C.R.S., at the end of any fiscal year shall remain in the county fund
for expenditure as determined by the board of county commissioners for
administrative costs of public assistance, medical assistance, and food stamps, and
program costs of public assistance and food stamps.

(6) The limitation set forth in this section on the increase in the county share
of the administrative costs of medical assistance will result in increased costs to
the state. By making state funds available, the state is encouraging counties not to
exercise any right a county may have pursuant to section 20 (9) of article X of the
Colorado constitution to reduce or end its share of the costs of medical assistance
administration for the county for three fiscal years following the fiscal year in which
the state funds are received. If a county accepts funds from the state based on the
limitation provided in this section for any fiscal year, the county agrees not to
exercise any rights the county may have to reduce or end its share of the costs of
medical assistance administration for the fiscal year in which the funds are
accepted. Nothing in this subsection (6) or any agreement pursuant to this
subsection (6) shall be construed to affect the existence or status of any rights
accruing to the state or any county pursuant to section 20 (9) of article X of the
Colorado constitution.

Legislative History

Source: L. 2006: Entire part amended, p. 1795, � 1, effective July 1. L. 2008: (2)(a)(I) and (4) amended, p. 1812, � 3, effective June 2.